摘要
长期以来,我国的民事审级制度一直坚持的是单一的两审终审制。但随着我国社会生活的飞速发展,两审终审制在实践中已经暴露出了越来越多的缺陷。因此,对我国的民事审级制度有必要从理论上进行反思,进而用公认的价值标准和技术措施来对其进行改造,并最终确立有限的三审终审和有条件的一审终审相结合的民事审级制度。
The system of second instance as the finality has been the single trial-tier of civil procedure for a long time. With the fast development of the society in our country, the system of second instance as the finality has brought more and more problems in the judicial practice. Therefore,it is necessary to review the trial-tier of civil procedure from the prospect of theory and reform it in accordance with the recognized principles of value and technical means. Finally, a trial-tier of civil procedure which is combined by the limited third instance as the finality and the conditional first instance as the finality should be established.
出处
《天中学刊》
2004年第1期34-37,41,共5页
Journal of Tianzhong
关键词
民事审级制度
上诉
一审终审
两审终审
三审终审
the trial-tier of civil procedure
appeal
first instance as the finality
second instance as the finality
third instance as the finality